Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here  SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

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δίκαιη δίκη

The conviction of an accused without the examination of critical witnesses violates the ECHR and the failure to summon an accused before the Supreme Court constitutes an infringement of the equality of arms of the parties.

JUDGMENT  Palchik v.Ukraine 2-3-2017 (no. 16980/06) see here  SUMMARY Equality of arms. Witness examination. The principle of equality of arms is violated by the non-summon by the Supreme Court of Ukraine of the accused and his attorney at the hearing of the appeal. Taking into account unqualified witness evidence as evidence infringes Article 6 § […]

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The detained prisoner can not be deprived of contacts with his relatives nor ftom practicing his religious worship.

DECISION Moroz v. Ukraine 2-3-2017 (no. 5187/07) see here  SUMMARY Family life. Right to correspondence. Religious freedom. The inability during the detention of the applicant to communicate with his relatives and to correspond with them constitutes a breach of family life and the right of correspondence of the prisoner. The ECtHR also ruled that there […]

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The difficulties of visiting relatives in prison due to distance are, under certain conditions, a breach of the family life of the prisoner.

JUDGMENT Labaca Larrea v. France 02-03-2017 (no. 56710/13, 56727/13 και 57412/13) see here  SUMMARY The difficulties of visiting relatives in prison due to distance are, under certain conditions, a breach of the family life of the prisoner.visit him, since the ability of his family members to visit him is necessary for the continuation of his normal family […]

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Inability to make informed choice of lawyer undermined rights of the defence and fairness of proceedings as a whole

JUDGMENT Dvorski v. Croatia 20.10.15 (no.  25703/11) see here SUMMARY: The case concerned the refusal by the police to allow a lawyer hired by the applicant’s parents to represent him while he was being questioned at a police station on suspicion of multiple murder, armed robbery and arson. The applicant confessed to the offences after […]

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Following conviction of war crimes in his absence, defendant should have had a real possibility of a rehearing of his case

JUDGMENT: Sanader v. Croatia 12.02.2015 (no. 66408/12) see here SUMMARY  The case essentially concerned the complaint by a man convicted in his absence of war crimes – committed in 1991 as a participant in Serb paramilitary forces – that he was unable to obtain a rehearing of his case. The Court found that the possibilities […]

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Use of anonymous witness testimony without measures to compensate for the handicaps caused to the defence by the lack of a direct confrontation with the witness

JUDGMENT: Balta and Demir v. Turkey 23.06.2105 (no. 48628/12) see here SUMMARY: The case concerned the applicants’ conviction for membership of an illegal organisation, on the basis of statements by an anonymous witness whom the applicants were unable to question at any stage of the proceedings. The Court observed that the applicants and their lawyers […]

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The validity of the presumption of innocence following a Strasbourg decision.

JUDGMENT: Dicle and Sadak v. Turkey 16.06.2015 (no. 48621/07) see here SUMMARY: The continuation of the conviction in the criminal record despite the commencement of the repeat procedure constitutes a breach of the presumption of innocence. This case concerned the consequences of the reopening of proceedings in the national courts of criminal jurisdiction following the […]

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